A.
By City of Franklin. A nonmetallic mining reclamation permit issued under this chapter may be modified by the City of Franklin if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with Chapter NR 135, Wisconsin Administrative Code, or this chapter. Such modification shall be by an order modifying the permit in accordance with § 176-32. This modifying order may require the operator to amend or submit new application information, a reclamation plan, proof of financial assurance or other information needed to ensure compliance with Chapter NR 135, Wisconsin Administrative Code, or this chapter.
B.
At operator's option. If the operator of any nonmetallic mine
that holds a reclamation permit issued under this chapter desires
to modify such permit or reclamation plan approved under this chapter,
it may request such modification by submitting a written application
for such modification to the City of Franklin. The application for
permit or plan modification shall be acted on using the standards
and procedures of this chapter.
C.
Required by operator. The operator of any nonmetallic mine that holds
a reclamation permit issued under this chapter shall request a modification
of such permit if changes occur to the area to be mined, the nature
of the planned reclamation, or other aspects of mining required by
the reclamation plan approved pursuant to this chapter. Such application
for permit modification shall be acted on using the standards and
procedures of this chapter.
A.
Grounds. The City of Franklin may suspend or revoke a nonmetallic
mining reclamation permit issued pursuant to this chapter if it finds
the operator has done any of the following:
C.
Consequences.
(1)
If the City of Franklin makes any of the findings in Subsection A, it may suspend a nonmetallic mining reclamation permit for up to 30 days. During the time of suspension, the operator may not conduct nonmetallic mining at the site, except for reclamation or measures to protect human health and the environment as ordered by the regulatory authority pursuant to § 176-32.
(2)
If the City of Franklin makes any of the findings in Subsection A, it may revoke a nonmetallic mining reclamation permit. Upon permit revocation, the operator shall forfeit the financial assurance it has provided pursuant to this chapter to the City of Franklin. The City of Franklin may use forfeited financial assurance to reclaim the site to the extent needed to comply with this chapter and the applicable reclamation ordinance.
A.
Contents and deadline. Annual reports that satisfy the requirements
of this section shall be submitted by the operators of nonmetallic
mining sites.
(1)
Contents. The annual report required by this section shall include
all of the following:
(a)
The name and mailing address of the operator.
(b)
The location of the nonmetallic mining site, including legal
description, tax key number or parcel identification number if available.
(c)
The identification number of the applicable nonmetallic mining
permit, if assigned by the City of Franklin.
(d)
The acreage currently affected by nonmetallic mining extraction
and not yet reclaimed.
(e)
The amount of acreage that has been reclaimed to date on a permanent
basis and the amount reclaimed on an interim basis.
(g)
The following certification, signed by the operator:
"I certify that this information is true and accurate, and that
the nonmetallic mining site described herein complies with all conditions
of the applicable nonmetallic mining reclamation permit and Chapter
NR 135, Wisconsin Administrative Code."
(2)
Deadline. The annual report shall cover activities on unreclaimed
acreage for the previous calendar year and be submitted by January
31.
(3)
When reporting may end. Annual reports shall be submitted by an operator for all active and intermittent mining sites to the City of Franklin for each calendar year until nonmetallic mining reclamation at the site is certified as complete pursuant to § 176-29C or at the time of release of financial assurance pursuant to § 176-14A(7).
B.
Inspection in lieu of report. The City of Franklin may, at its discretion, obtain the information required in Subsection A for a calendar year by written documentation of an inspection it completes during a calendar year, as set forth in this subsection. If the City of Franklin obtains and documents the required information, the annual report need not be submitted by the operator. If the City of Franklin determines that the operator need not submit an annual report pursuant to this subsection, it shall advise the operator in writing at least 30 days before the end of the applicable calendar year. In that case, the City of Franklin shall require the operator to submit the certification required in Subsection A(1)(g).
C.
Retention of annual reports. Annual reports submitted under Subsection A or inspection records that replace them under Subsection B shall be retained by the City of Franklin at Franklin City Hall, 9229 West Loomis Road, Franklin, Wisconsin 53132, for at least 10 years after the calendar year to which they apply. These records, or complete and accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written request or during its inspection or audit activities carried out pursuant to Chapter NR 135, Wisconsin Administrative Code.
A.
Amount and applicability. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 176-12 shall submit a nonrefundable plan review fee as follows. Concurrent with the filing of any application for any form of reclamation plan approval, the applicant shall pay a nonrefundable plan review fee deposit to the City in the amount of $100. In addition, the applicant shall be responsible for and pay to the City such additional amounts for plan review fees so that all costs of services provided by the City for the plan review are paid by the applicant. Such plan review fee shall not exceed the actual cost of providing the services. Such fee shall be paid to the City by the applicant within 10 days of the date of the itemized invoice for same prepared by the City subsequent to the completion of the plan review. Prior to any Common Council approval of any form of reclamation plan, the Director of Administration shall review the application and report to the Common Council the Director's findings as to the reasonable estimates of the costs of providing plan review services reasonably required by the application. The applicant shall provide the Director with all information necessary to determine the level of services required. After reviewing such report, upon which the applicant may be heard, the Common Council shall specify as a condition of any approval and further service that the applicant deposit with the City security in the form of a bond, letter of credit or cash deposit, in form approved by the City Attorney, in an amount determined to be sufficient to guarantee payment for the anticipated cost of providing such plan review services. Such security deposit shall be made by the applicant no later than 30 days after the date of written notice to do so mailed by the Director to the applicant. Such security deposit shall entitle the City to draw upon same forthwith upon any default in payment by the applicant after the services invoice, with the remaining balance of any cash deposit to be returned to the applicant. Any determined deficiency for such service fees beyond the security deposit shall be a debt of the applicant to the City, collectible by the City in an action at law, which shall also entitle the City to all costs of collection, including attorney fees, and, further, shall also constitute a lien against the nonmetallic mining site to be placed upon the tax roll for such premises. No plan review fee may be assessed under this section for any local transportation-related mining receiving an automatic permit under § 176-16C. A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to § 176-23.
B.
Expedited plan review fee. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 176-12 may obtain expedited reclamation plan review by paying a fee as determined by the Director of Administration and pursuant to the procedures set forth under Subsection A. Such fee shall be in addition to that required in Subsection A.
A.
Areas subject to fees, procedures and deadline.
(1)
Operators of all nonmetallic mining sites subject to reclamation
permits issued under this chapter shall pay annual fees to the City
of Franklin.
(2)
Fees paid under this section shall be calculated based on the unreclaimed
acres of a nonmetallic mining site, as defined below:
(a)
"Unreclaimed acre" or "unreclaimed acres" means those unreclaimed areas in which nonmetallic mining has occurred after August 1, 2001, and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under § 176-14A(7). However the term does not include any areas described in Subsection A(2)(b).
(b)
"Unreclaimed acre" or "unreclaimed acres" does not include:
[1]
Those areas where reclamation has been completed and certified as reclaimed under § 176-14A(7).
[2]
Those areas previously affected by nonmetallic mining but which
are not used for nonmetallic mining after August 1, 2001.
[3]
Those portions of nonmetallic mining sites which are included
in an approved nonmetallic mining reclamation plan but are not yet
affected by nonmetallic mining.
[4]
Areas previously mined but used after August 1, 2001, for a
nonmining activity, such as stockpiling of materials used for an industrial
activity such as an asphalt plant, concrete batch plant, block and
tile operation, or other industry that uses products produced from
nonmetallic mining.
(c)
Fees shall be assessed on active acres only and shall not be
assessed on acreage where nonmetallic mining is proposed and approved
but where no nonmetallic mining has yet taken place.
(3)
Fees assessed pursuant to this section shall be based on unreclaimed acres at the end of the year. Such fees apply to a calendar year or any part of a year in which nonmetallic mining takes place, until final reclamation is certified as complete under § 176-29. Fees shall be paid no later than January 31 for the previous year.
(4)
If reclamation has already occurred on portions of a nonmetallic mining site, the fees for such portions may be submitted with a request that they be held by the City of Franklin pending certification of completed reclamation pursuant to §§ 176-29C and 176-14A(7). Upon such certification, the City of Franklin shall refund that portion of the annual fee that applies to the reclaimed areas. If the City of Franklin fails to make a determination under §§ 176-29C and 176-14A(7) within 60 days of the request, it shall refund that portion of the annual fee that applies to the reclaimed areas.
B.
Wisconsin Department of Natural Resources' share of fee.
(1)
Fees paid under this section shall, except where provided in Subsection B(2), include a share for the Wisconsin Department of Natural Resources equal to the amount specified in the City of Franklin Nonmetallic Mining Reclamation Fees Schedule on file in the Office of the Franklin Department of City Development.
(2)
The City of Franklin shall forward fees collected under this subsection
to the Wisconsin Department of Natural Resources by March 31.
C.
City of Franklin's share of fee. Fees paid under this section
shall also include an annual fee due to the City of Franklin which
shall be in the dollar amounts as set forth in the City of Franklin
Nonmetallic Mining Reclamation Fees Schedule on file in the Office
of the Franklin Department of City Development.
D.
Documentation of City of Franklin's share of fee. The City of Franklin shall document in writing its estimated program costs and the need for the fee established in Subsection C on or before June 1, 2001. This documentation shall be available for public inspection at the City Clerk's Office, 9229 West Loomis Road, Franklin, Wisconsin 53132. Annual fees due where the Department of Natural Resources is the regulatory authority shall be in the dollar amounts set forth in the City of Franklin Nonmetallic Mining Reclamation Fees Schedule on file in the Office of the Franklin Department of City Development.
A.
Reporting. The City of Franklin shall send an annual report to the
Wisconsin Department of Natural Resources by March 31 for the previous
calendar year. The reports shall include the following information
for the previous year's nonmetallic mining reclamation program:
(1)
The total number of nonmetallic mining reclamation permits in effect.
(2)
The number of new permits issued within the jurisdiction of the City
of Franklin.
(3)
The number of acres approved for nonmetallic mining and the number
of acres newly approved in the previous year.
(4)
The number of acres being mined or unreclaimed.
(5)
The number of acres that have been reclaimed and have had financial assurance released pursuant to § 176-14A(7).
(7)
The number and nature of alternative requirements granted, permit
modifications, violations, public hearings, enforcement actions, penalties
that have been assessed and bond or financial assurance forfeitures.
B.
Documentation. The City of Franklin shall, to the best of its ability,
maintain the information set forth below, and make it available to
the Wisconsin Department of Natural Resources for that agency's
audit of the City of Franklin's reclamation program pursuant
to Chapter NR 135, Wisconsin Administrative Code:
(1)
Documentation of compliance with Chapter NR 135, Wisconsin Administrative
Code, and this chapter.
(2)
The procedures employed by the City of Franklin regarding reclamation
plan review and the issuance and modification of permits.
(3)
The methods for review of annual reports received from operators.
(4)
The method and effectiveness of fee collection.
(5)
Procedures to accurately forward the Wisconsin Department of Natural
Resources' portion of collected fees in a timely fashion.
(6)
Methods for conducting on-site compliance inspections and attendant
reports, records and enforcement actions.
(7)
Responses to citizen complaints.
(8)
The method of and accuracy in determining the amount of the financial
assurance obtained from the operator to guarantee reclamation performance.
(9)
The maintenance and availability of records.
(11)
The method of determining the success of reclamation in meeting the criteria contained in the reclamation plan and subsequently releasing the financial assurance pursuant to § 176-14A(7).
(12)
Any changes in local regulations, ordinances, funding and staffing
mechanisms or any other factor which might affect the ability of the
City of Franklin to implement its nonmetallic mining reclamation program
under this chapter.
(13)
The amount of fees collected in comparison to the amount of
money actually expended for nonmetallic mining reclamation program
administration.
(14)
Any other performance criterion necessary to ascertain compliance
with Chapter NR 135, Wisconsin Administrative Code.
A.
Reporting. The operator of a nonmetallic mining site may certify
completion of reclamation for a portion or all of the nonmetallic
mining site pursuant to a reclamation plan prepared and approved pursuant
to this chapter and Chapter NR 135, Wisconsin Administrative Code.
B.
Reporting of interim reclamation. The operator of a nonmetallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this chapter and Chapter NR 135, Wisconsin Administrative Code. Reporting of interim reclamation shall be done according to the procedures in Subsection A.
C.
Certification of completed reclamation. The City of Franklin shall inspect a nonmetallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to this subsection within 60 days of receipt, and make a determination in writing in accordance with § 176-14A(7)(c). If it is determined that interim or final reclamation is complete, including revegetation, as specified in a reclamation plan that conforms with § 176-13, the City of Franklin shall issue the mine operator a written certificate of completion.
D.
Effect of completed reclamation. If reclamation is certified by the City of Franklin as complete under Subsection C for part or all of a nonmetallic mining site, then:
E.
Effect of inaction following/report of completed reclamation. If no written response, as required by Subsection C, for an area of the mine site reported as reclaimed or interim reclaimed is given within 60 days of receiving such request, any annual fee paid to the City of Franklin for it under § 176-27 shall be refunded.
When all final reclamation required by a reclamation plan conforming to § 176-13 and required by this chapter is certified as complete pursuant to §§ 176-14A(7) and 176-29C, the City of Franklin shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.
